Erb's Palsy Legal Defense

A medical mistake during childbirth could damage the nerve system of the baby's neck and shoulder. This injury is referred to as Erb's palsy. It can cause long-term issues for the affected arm.

A brachial-plexus injury lawsuit can assist families to receive justice and financial compensation. A successful lawsuit can also ensure that medical professionals are held accountable and prevent further birth injuries.

Birth injury lawsuits

A birth injury lawsuit can help a family get the financial relief they need to care for a child suffering from Erb's palsy. The lawsuit can also hold the medical professionals responsible for their actions. A qualified Erb's Palsy lawyer can help a family navigate the legal procedure.

The condition occurs when the brachialplexus, which is a nerve bundle that runs through the arm and shoulder is damaged. The most obvious sign of Erb's Palsy is typically an inability to elevate the affected arm above the head. You may also find it difficult to bend your elbow or place your hand in the "waiter tip" position. If both the upper and lower nerves are damaged the patient could be suffering from a severe form of brachial palsy.

It's often the result of a medical error during a difficult birth. For example, the baby's shoulders can become stuck in the birth canal, which is known as shoulder dystocia. Doctors may use forceps to deliver an infant or a vacuum extraction device, but this may stretch the nerves causing Erb's Palsy.

A successful Erb’s palsy suit can result in compensation to cover the treatment of the victim now and in the future, which includes physical therapy and occupational therapy, surgery and equipment. Compensation may also be used to pay for lost wages, as well as suffering and pain.

Statute of limitations

The cost of caring for an Erb's-Pallsy child can be exorbitant. Settlements can assist families with these costs. While a settlement cannot undo the injury that your child suffered, it can assist you in paying for medical treatment and other necessities for the rest of their lives. The value of your child's claim will be determined by the extent of their injuries and the amount of treatment they may need. Your MA Erb's Palsy lawyer and your doctor will decide the value of your case, which they will present during a court trial.

The majority of birth injury lawsuits are settled out of court, rather than going to trial. It can be costly and time-consuming to fight your rights in court. If your legal team can prove the healthcare professional's negligence and acted in a way that was unreasonable the way they did, they could succeed in securing a significant settlement.

Contact a seasoned Erb's Palsy lawyer as quickly as you suspect that the shoulder injury suffered by your child was caused by medical negligence. Every state has a statute that limits the time in which you must submit a claim. You'll lose the right to sue if are late. It is crucial to arrange your free consultation as quickly as you can.

Mediation

Although a child's quality life can be improved, Erb's palsy cannot be cured. Physical therapy is a vital aspect of recovery because it helps restore the range of motion and strengthen the muscles of the hand and arms. However, it can only be beneficial if the nerves aren't ruptured or strained. If they were, surgery could be required.

The root cause of Erb's palsy is the damage to the brachial nerves that run through the shoulder and neck. It is usually caused by a condition that occurs during delivery known as shoulder dystocia. It can happen when a newborn is trapped beneath the pelvic bone (scapula). In an attempt to get the baby out, medical professionals often use excessive traction or pressure on the head of the infant, lawsuits which can cause damage to the nerves and spinal cord.

A doctor who has been negligent in treating the disease can be held responsible for the injury. A settlement could cover future medical costs and treatment costs depending on the severity of an injury.

It is essential to choose an attorney who is experienced in handling birth injury cases. These lawsuits are extremely complex and lawsuits require a thorough investigation of the medical documents of the victim. The time limit for each state may differ and must be adhered to.

Trial

If medical negligence is the reason of Erb's Palsy, victims may be entitled compensation for their child's medical expenses, income loss, and pain and discomfort. A lawyer with experience in birth injury lawsuits can assist families to receive the justice they deserve.

Injuries to the brachial plexus can cause severe and permanent damage. In some cases, these injuries can cause paralysis. This type of injury happens when a baby is in a breech or large position or undergoing an extremely difficult delivery. When a physician uses a lot of force to deliver a baby the shoulder could become caught in the pelvic bone, leading to the shoulder nerves to become stretched, compressed, or torn. This is known as shoulder dystocia. It can lead to Erb's palsy.

In this stage, your lawyer will collect evidence to support your case. This could include medical reports in writing. The lawyer representing the defendant will also collect evidence for their side which includes depositions of witnesses and additional medical documents.

Once all evidence has been gathered, the lawyers will attempt to negotiate an agreement. In most cases the parties will agree on a specific amount of money. The lawsuit will end. However, if the defendant doesn't agree to settle the case, it goes to trial. During a trial, a jury and judge will listen to both sides' arguments and determine whether the defendant is responsible for the injuries your child sustained.